Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes¶
Date: Wed, 07 Apr 2021 21:35:17 +0000¶
Inline-Images: image001.jpg¶
I’m available. Feel free to call anytime.¶
I’ll coordinate with evidence and let you know.¶
Subject: [EXTERNAL EMAIL] - FW: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes¶
As you can see below, the defense wants to the do the Bronx warehouse review on April $ 12^{th} $ . Would you please coordinate with the warehouse and let me know how to arrange the logistics for this?¶
Also, let me know when you’re available for a call to discuss several of the other issues raised in this most recent email.¶
Subject: RE: US v. Maxwell - 20 Cr. 330 (AJN) - Request to view evidence, highly confidential materials, scenes¶
My apologies, I meant to include in my previous email that we could have the Bronx view on Monday, April 12. Thank you for the logistics.¶
Regarding the spreadsheets you provided, I have several issues.¶
First, there are a couple of items that you have noted for the Bronx Warehouse but will in fact need to be brought to 500 Pearl for review because you labeled them as “Highly Confidential” and not “bulky.” These appear to include:¶
EFTA00098016¶
NY Evidence List¶
- Items 1B127-130 (4 boxes).
Item 1B13 (1 box)¶
Florida Evidence List¶
- Item 1, Subitem 26 – one large framed photo from Master Bedroom.
Second, with regard to the “Bulky” photos (Florida Items 1, Subitems 8, 15a, 15b and 15c), are we permitted to photograph those or not? If not, we will need them transported to 500 Pearl.¶
Third, Florida Item 8, Subitem 8, says it is Sixteen DVD-R Discs from PBSO but you do not indicate that we can review those. Why? We need to address with the Court promptly any issues related to our request to view all evidence.¶
Fourth, Electronic surveillance – Your email yesterday stated that these were all “electronic files” with no corresponding physical item. However, for several, the chart indicates “Blu-Ray Disks;” is there a reason we cannot inspect these? Another Florida item is listed as “one original recording of an interview dated 4/24/07”; I am suspicious that “one original recording of an interview” is not truly only an “electronic” file? I was practicing law in 2007 and do not recall “electronic files” being the standard then. Can you please confirm? I know that Chris has written separately about the many files for which the metadata has apparently been stripped, so we will have to address purely electronic information at another date.¶
Shredded Paper – Yes, we need to review that as well.¶
“Missing from Assigned Box” items – can you please provide more of an explanation for all “missing items”?¶
I will let you know any other issues as I see them. However, now that we have made travel plans in reliance on your agreement to produce all evidence items, I am hoping that you can promptly answer these questions so that we can resolve any of them as needed this week.¶
Thank you,¶
-Laura¶
Hi Laura,¶
The Bronx warehouse is located at Bronx, NY. There is plenty of street parking outside of the building. Whatever day you wish to have the review conducted at the warehouse, an AUSA and an agent will meet the attorney, investigator, and paralegal at the warehouse to escort them into the building to the evidence review room. The AUSA will remain present at the warehouse to answer any questions that may arise.¶
EFTA00098017¶
The FBI has informed me that they can make the evidence available for review at the warehouse any day next week or the week of April 19th. Please just let me know what day you prefer, and we will coordinate with the FBI to arrange for the review.¶
Assistant United States Attorney¶
Southern District of New York¶
1 St. Andrew’s Plaza¶
New York, NY 10007¶
Thank you for the updated spreadsheets and the information regarding the timing of the review at 500 Pearl.¶
I believe we will be able to have an attorney, investigator and paralegal present at the Bronx warehouse to take photos of the “excluded from transportation” items. Please let us know the particulars for that visit when you have a moment.¶
Thank you,¶
Laura¶
Good morning,¶
Attached please find the revised spreadsheets, which reflect designations under the Protective Order for the three mini-VHS tapes that I referenced below.¶